The Land and Property Rights Tribunal has upheld Rocky View County’s approval of a cannabis cultivation facility east of Calgary, rejecting a neighbour’s appeal that raised fire, safety and compliance concerns.
In a written decision dated Aug. 26, the panel said the rural site was “appropriate for the use” and that the development “will not materially interfere with or affect the use, enjoyment or value of the neighbouring residential unit despite the relaxed distance from the Facility – nor will it unduly interfere with the amenities of the neighbourhood.”
The permit allows cannabis production inside an accessory farm building measuring approximately 421.96 square metres, or 4,541.91 square feet. It grants a relaxation reducing the minimum dwelling separation from 150 metres to 143 metres, a 4.6 per cent change, and raises the maximum fence height from two metres to 2.44 metres.
The case was heard by videoconference on May 28 and July 14. Parties included appellant E. Wilson, applicant J. Drews, landowner E. Hofer, Rocky View County staff and neighbour B. Malinoski.
The tribunal heard the case because the land is subject to a licence granted by the Alberta Energy Regulator, which directs such appeals to the provincial tribunal rather than the county’s subdivision and development appeal board.
The panel noted the facility had operated without a development permit before enforcement action forced an application. A first permit was issued in error and revoked. A replacement permit was then conditionally approved to bring the development into conformity with the county’s land use bylaw.
Wilson told the tribunal he was “not opposed to cannabis production, but rather to the circumstances under which this facility is operating.” He said the structure was deteriorating and poorly managed, with the addition of a plastic liner in the growing area creating “a potential risk of catastrophic fire, especially because there is no sprinkler system or onsite water source for fighting a fire.” He also argued the liner created conditions “within which mould can grow.”
He alleged the operator had a “documented history of failing to comply with municipal rules and regulations” and cited conditions of approval from a previous development permit that were not followed. He told the panel granting a new permit “undermines the County’s enforcement process and sets a poor precedent.” He further stated the operator had “a history of non-compliance with all levels of government, and that there is a current investigation by Health Canada concerning its conduct related to another cannabis facility.”
Wilson also alleged contaminated fill had been brought onto the property without remediation, creating risks to groundwater and soil, and that “French drains” discharging into the ground had been installed in the grow area.
The landowner, Hofer, told the tribunal Wilson had originally approached him “to construct the Facility on a portion of the subject quarter which the Appellant would subsequently lease … for the purposes of cultivating cannabis.”
The landowner and applicant offered a very different account. Drews told the tribunal Wilson had been “extensively involved in the construction and operation of the Facility” and said his credibility should be a consideration. Drews added that since taking over the site in 2023, he had “worked very hard and cooperatively with the County to bring the Facility up to code and into conformity with the County’s rules and processes.”
Malinoski, the adjacent landowner, attended the hearing “to understand the arguments of the parties and to see if due process was followed.”
The tribunal noted that prior to the eastward extension of Wilson’s accessory dwelling, compliance with the 150-metre separation would not have been in question. The panel found that “a minimal impact on the accessory dwelling unit will be experienced by a setback relaxation of 7 m” and emphasized that the relaxation “is a 4.6 [per cent] relaxation of the setback in a rural environment where the Appellant does not object so much to the use, but rather to the circumstances under which the Facility is operating.”
On fencing, the panel said the height increase represented a 22 per cent relaxation but was “intended to obscure activities at the Facility and enhance security for the site.” It noted that “no opposition to the proposed fencing was submitted by the Appellant or any other affected person.”
The permit includes a series of conditions. Among them:
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the operator must provide at least four parking stalls, including one barrier-free stall;
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Building Enclosure Fencing (existing), with green fabric mesh;
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block an old southern access road and construct a new driveway off the northwest corner approach under an easement so the site has proper access without encroaching on neighbouring land;
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pay a transportation off-site levy of $4,595 per acre;
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ensure no water is discharged off-site at any time;
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prohibit outdoor storage and signage;
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screen waste containers from view;
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and ensure the operation “shall not generate noise, smoke, steam, odour, dust, fumes, exhaust, vibration, heat, glare or refuse matter considered offensive or excessive.”
The permit shall be valid until May 31, 2035. If conditions set out before its release are not met by April 30, 2026, the approval becomes void. The tribunal extended this deadline by eight months “to allow the Applicant the same amount time they originally had if not for the appeal process.”
Advisory notes also require compliance with the county’s Noise Bylaw, weed control regulations and cannabis waste management standards.
The tribunal said enforcement of other matters, such as cannabis licensing, health and safety, or waste regulations, “are best suited” to Health Canada and other agencies. “The County has enforcement measures to ensure the Facility is operated in compliance with the DP approval; in addition, other responsible agencies – e.g., Health Canada – are best suited to enforce standards within their jurisdiction if breaches should occur.”
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